Bratton & Springer, LLP
Bratton & Springer, LLP  

Criminal Cases

New Hampshire DWI – Dismissed

 

Client was leaving a bar in Salem, New Hampshire and speeding on Rockingham Boulevard at 1:00 a.m. when she was stopped by a Salem Police Officer.  When he approached, she appeared very nervous and fidgety and had an odor of alcohol on her breath.   She performed field sobriety tests which the officer said she failed.  During preparation of the case and in negotiations with the prosecutor, Attorney Bratton found flaws in the State’s case and the DWI was dismissed.  Instead the client received a civil infraction of Reckless Operation with no DWI on her record.  

Threatening to Commit a Crime - Not Guilty

 

The client, a self-employed contractor, accused another individual of having an affair with his wife, as a result he allegedly drove to the other individuals work place and in front of four witnesses allegedly threatened to kill the man with a gun for the affair.  After trial in the Lowell District Court, with Attorney Bratton representing him, the judge found the client not guilty based on legal arguments that were presented by the attorney.  The client and attorney Bratton had rejected two plea bargain offers made by the District Attorney’s office before Trial. The defendant has no record as a result of this case.  

Happy Customer

Assault and Battery Case Dismissed

 

The client, a businesswoman in New Hampshire, was at a bar having drinks with friends when an intoxicated woman approached her and shoved her in the chest, prompting the client to punch the woman in the head, knocking her to the floor with an all-out bar brawl resulting.  The client was charged with starting the fight and was scheduled to go to trial for Simple Assault.  On the day of trial, after further discussion with the witnesses the prosecutor dismissed the case at Attorney Bratton’s request, resulting in no criminal conviction for the client.  

Acquitted of Attempted Murder

 

The client, a forty-year- old auto mechanic was charged with Armed Assault with Intent to Murder, Mayhem, Assault and Battery by Means of a Dangerous Weapon with Serious Bodily Injury, and Assault and Battery by Means of a Dangerous Weapon.  He faced a total of seventy years in State Prison if found guilty of the charges.  The case arose when the client was in his backyard at night arguing with his girlfriend.  She called her ex-husband, who weighs 300 pounds and is 6’2”, to come and get her without my client’s knowledge.  Half an hour later the ex-husband (victim) arrived at my clients’ house and exited his vehicle.  The victim testified my client attacked him with a knife slashing him five times in the head, face and neck area resulting in approximately one hundred and fifty stitches and staples to close the wounds.  My client then ran off into the woods and was found hiding by the police with a canine dog.  My client was arrested and brought to the station for questioning and was given a public defender.  The next day he was held without bail in the county jail.  Attorney Bratton was retained, and was subsequently able to have the client released on an ankle bracelet and $10,000.00 cash bail.  The clients’ version of events, was that the victim arrived at his house and ran at him yelling “I’m going to f*$&in kill you,” although he did not have a weapon.  The client testified before the jury of twelve that the 300lb victim punched him in the face, breaking his glasses and knocking him to the ground when he dove on him.  The victim put him in a headlock, and began to choke him at which time my client, who was suffocating, began to wildly flail at the victim with the knife to attempt to get out from under him.  After a three day trial in Lowell Superior Court the jury agreed with the clients self defense version of events and Attorney Bratton obtained an acquittal on all charges.  

Third Offense OUI Reduced to First Offense

 

Client is a forty-five year old Rhode Island resident traveling home from Massachusetts on Route 495 in a rainstorm when her car became disabled with a flat tire.  AAA Road Service as well as the police responded, and the Massachusetts State Police determined her to be intoxicated.  The client was charged with Operating Under the Influence, 3rd Offense, due to prior convictions for the same offense in Florida over fifteen years ago.  Attorney Bratton argued that the prior convictions should be excluded from the case due to their lack of proper certifications, and the judge agreed.  The client received a first offense disposition, and avoided possible jail time, and extended loss of license, and hefty fines.  

Felon in Possession Receives Suspended Sentence

 

The client, a member of a prominent motorcycle club was driving northbound on Route 93 in Laconia, New Hampshire when he was stopped for Speeding by the New Hampshire State Police. The client had been previously convicted of a felony for selling drugs, and when the police discovered that he was carrying a large knife clipped to his pocket, they arrested him for being a Felon in Possession of a Deadly Weapon.  The prosecutor for the State of New Hampshire asked that the client be sentenced to one and a half to three years in New Hampshire State Prison.   After negotiating and advocating for the client, Attorney Bratton was able to obtain a suspended sentence through a plea bargain for the client, and he did not have to go to serve time in prison.

Possession Case Dismissed After Probable Cause Hearing

 

The client was parked in a restaurant lot in Tewksbury, Massachusetts off of Route 495 when another car pulled up next to him.  He exited his vehicle and sat in the other, while, unknown to the client, the Tewksbury Police Department was doing uncover drug surveillance in the area and suspected that a drug transaction was taking place.  The client exited the car, returning to his vehicle and began to drive away when he was boxed in by several unmarked police cruisers.  He was arrested for Possession of a Class B Substance with Intent to Distribute and had a sum of money in his pocket.  The attorney argued at a Motion Hearing that the police had no probable cause to search our client since they did not witness any drug transaction take place.  The Judge agreed and the case was dismissed.  

Leaving Scene of an Accident Dismissed After Client Refused to Testify

 

According to the Clinton Police Department, who did not witness any of the following, the client was accused of being intoxicated and driving a pickup truck into a telephone pole, snapping it in half, and knocking out power to the neighborhood.  He allegedly flattened his tire during the crash, and drove home on the rim which left a gouge in the pavement that allowed the police to follow from the accident scene to the client’s house.  When they arrived they observed the clients’ truck had significant damage to the bumper and fender, a flat tire, a broken headlight, and a damaged grill.  The police knocked on the clients’ door at 2:00 a.m. and he refused to answer.  The police then charged him with Leaving the Scene of an Accident after Causing Property Damage.  At the request of Attorney Bratton, the client exercised his Fifth Amendment right to not testify and the case resulted in a dismissal.  

Assault and Battery Resolved Without Conviction

 

The client, a computer engineer in Merrimack, New Hampshire was arrested for allegedly assaulting his wife and charged with Domestic Violence.  After several Court appearances, the attorney was able to have the matter dismissed on a technicality so the client received no conviction on his criminal record.  

New Hampshire Felon in Possession Avoids Jail Time

 

A member of a prominent motorcycle club was traveling on Route 3 North from Massachusetts into New Hampshire where he was stopped by the New Hampshire State Police for Driving on a Suspended License. The client was searched and a hunting knife was found in a sheath on his belt.  He had been previously convicted of a felony and was arrested for being a Felon in Possession of a Dangerous Weapon, and faced one and a half to three years in the New Hampshire State Prison.  Through plea bargaining and negotiation with the Hillsborough County Attorney’s Office, the attorney was able to obtain the client a suspended jail sentence, so he did not have to serve time.  

Driver Eating Behind the Wheel Avoids OUI Conviction

 

After a night of drinking at a bar in Gardner where the defendant consumed alcohol, he then proceeded to Route 2 to return home.  Prior to entering the roadway, the client stopped at a fast food restaurant and purchased two cheeseburgers, which he was eating while driving.  A Massachusetts State Police trooper approached from behind and observed him weaving out of the white marked lane and stopped the client with his blue lights.  The client explained that he may have been weaving because he was eating, but the trooper ordered him to exit the vehicle and perform field sobriety tests.  The trooper testified at trial that the client failed the heel to toe test and the one leg stand but passed the alphabet test.  Unknown to the trooper at the time he gave the tests the client had suffered a broken foot years ago while in the armed forces which affected his balance when taking the test.  After a full trial attorney Bratton was able to convince the judge that the client was not guilty of Operating Under the Influence of Alcohol.  

Driver With Prior Foot Injury Acquitted of OUI by Jury

 

Client was arrested for Operating Under the Influence when the police officer claimed he ran a red light at midnight in Waltham, almost striking a cruiser which was proceeding through a green light.  The client had a heavy odor of alcohol and slurred speech, and was asked to exit the vehicle and to perform field sobriety tests. The defendant failed the field sobriety tests and was brought to the station where he refused to take the Breathalyzer.  Unknown to the police officer was the fact that the client had a broken foot five years earlier and had a metal plate inserted which affected his ability to perform the tests.  After a jury trial, the client was acquitted of all charges.

Massachusetts Man Avoids Conviction After Undercover Drug Sting

 

Client made two hand to hand sales of small amounts of marijuana to an undercover Dracut police officer.  A hearing was held to determine whether he should be charged with the crime of Possession with Intent to Distribute and with Drug Distribution, each of which could carry jail time and a two year loss of license.  At the hearing, Attorney Bratton was able to convince the magistrate that due to the clients lack of a prior record and his positive employment history that the case be continued without a finding for one year and the dismissed if the client has no further problems with the law.

New Hampshire Man Has DWI Dismissed

 

The client was charged with DWI by the Seabrook Police after he was stopped for speeding. He failed all field sobriety tests and refused the breathalyzer. After negotiations with the prosecutor, the DWI charge was dismissed and the client agreed to a finding of Reckless Driving, avoiding a prolonged license suspension, enrollment in the alcohol safety program and significant fines and fees.  

NH Man Avoids Lengthy Jail Time After Being Found with Loaded Pistol

 

The client, a New Hampshire resident left a strip club after a night partying with a friend.  While driving he crashed into a parked car and then got stuck in a snow bank.  He and his friend then fled the scene on foot and were chased and caught by the Tyngsboro Police.  He was charged with OUI, Leaving the Scene of an Accident, and after his arrest the police searched his car.  They found a loaded pistol under the driver’s seat.  He was then charged with being in possession of a loaded firearm without a license and faced a mandatory minimum sentence of eighteen months in jail.  Attorney Bratton was able to negotiate with the District Attorney’s Office and the eighteen month sentence was reduced to thirty days.

Two DWI Cases For One Client in a Week Resolved by Attorney Bratton

 

A 30-year-old school teacher is arrested in New Hampshire after she allegedly fails all field sobriety tests and refuses to take the breathalyzer.  One week later, an anonymous motorist observed her swerving and driving erratically on her way home and called the police in the same town.  The woman was then charged with two separate cases of Driving While Intoxicated.  Through negotiations with the prosecution, Attorney Bratton was able to have one of the cases dismissed entirely and she pleaded guilty to one charge only.  This result prevented her from losing her license for two years and instead she received a ninety day suspension.  

Client Avoids Long Sentence For Assault and Battery

 

A forty-five year old male with a long criminal history of assault and threatening is accused of punching the alleged victim, who was confined to a wheelchair, in a bar.  On the day of trial Attorney Bratton negotiated the felony assault to a reduced assault for which the client received 18 months of probation.  Had the client been convicted at trial, he faced over 2 and a half years in the Billerica House of Corrections.  

College Student Avoids State Prison For Drug Sale

 

A 22-year-old college senior is arrested by southern New Hampshire police for felony Possession of Oxycontin with the Intent to Distribute.  He was arrested after having previously made illegal hand to hand sales of the drug to police informants.  The attorney was able to negotiate a reduction in charges from a felony to simple misdemeanor Possession of Drugs on the condition the client enter and complete a drug program and remain arrest free for one year.  Had the prosecution continued as a felony, the client could have faces three and half to seven years in the New Hampshire State Prison.  

Doctor's Case Dismissed 

 

The client, a 35-year-old medical doctor, was accused of assaulting his wife, who was also a doctor.  He was charged with domestic assault and battery, facing jail time, and the possible loss of his license to practice medicine.  Attorney Bratton, through his private investigator, was able to meet the victim and she decided not to testify in court.  The case was dismissed.  

OUI Dimissed After Driveway Shown by Attorney to be Private Property

 

Client arrested in New Hampshire for Operating Under the Influence, Second Offense.  

 

Facts: Police reported to a parking lot where they found the client’s car running and the client sleeping in the front driver’s seat.  The police banged on the driver’s window and ordered the client to step from the vehicle.  The police observed a strong odor of alcohol emanating from the client’s breath and was unsteady on her feet. The client admitted to driving the vehicle to drop off a friend from a local bar. The client also admitted to drinking alcohol. The police conducted field sobriety tests on the client and the client failed all the tests and was arrested for operating under the influence of alcohol.

 

Penalties for OUI Second Offense:   Class A Misdemeanor, $750.00 fine, mandatory sentence of not less than 10 consecutive days of which 3 consecutive days shall be served in the county correctional facility and 7 consecutive days shall be served at the state-operated 7 day multiple DWI offender intervention detention center. 

 

Trial: The attorney filed a motion to dismiss the criminal charge of operating under the influence of liquor arguing that the State could not prove the element of “public way” to criminally charge the client.  The Attorney argued that the parking lot where the client was parked and eventually arrested was a private parking lot with posted no trespass signs on the property and was therefore not open to the general public and could not be deemed a public way as defined by statute.

 

Outcome: Case Dismissed.

DWI Reduced After Attorney Bratton Argues Validity of Questioning

 

A 30-year-old man was riding his motorcycle down Route 93 in Derry, NH and had pulled off the highway and entered a convenience store.  The store clerk suspected he was under the influence of alcohol and or drugs and called the police.  The police arrived and questioned the client in the parking lot and made him perform field sobriety tests, which according to the police, he failed.  He was then placed under arrest for DWI, 2nd offense.  Prior to the day of trial, Attorney Bratton filed a motion to dismiss the case for illegally questioning the defendant in the parking lot. Based upon this and his negotiations with the Prosecutor, Attorney Bratton had the 2nd offense DWI charge dismissed and the client instead pled guilty to Reckless Operation and avoided an 8 year loss of license, plus payment of fines and costs.

Drug Dealer Receives Case Dismissal

 

The defendant was apprehended by the Middlesex Regional Task Force with twenty-one baggies of narcotics which he allegedly intended to sell.  Attorney Bratton challenged the Constitutionality of the Search and Seizure of the drugs by filing a Motion to Suppress.  Based on the strength of the Motion, the District Attorney agreed to dismiss the case after six months of probation.  He had faced two and a half years in jail for each bag. 

Admitted Arsonist Torches Four Cars and Avoids Jail

 

The Defendant was accused of burning four cars with gasoline at an auto dealership and was facing four counts of arson of a motor vehicle and a maximum of forty years in the State Prison.  After his arrest he fully confessed to the State Police when questioned.  Attorney Bratton successfully argued and appealed to the Judge that due to several illnesses he suffered, and under the new Sentencing Guidelines in Massachusetts the client should be lightly sentenced.  The Judge sentenced the defendant to four years of probation and a $1,000.00 fine. 

 

Carrying a Loaded Firearm Without a License -  Dismissed

 

The client, a former police officer, was found by police at the home of a suspected drug dealer in Lowell, Massachusetts, while they were there to execute a search warrant unrelated to our client. He was taken in to custody and charged with Possession of Class A, Possession of a Firearm with a License, and Possession of Ammunition with a FID card, facing 14 years in prison for these charges.  After proving to the Court and the District Attorney the defendant had firearm license in the past, and that it had recently expired, he was able to have the firearms charges dismissed, and the negotiated the Possession to a Class B charge with only one year of probation, and a $50.00 fine. 

New Hampshire DWI – Dismissed

 

Client had left a bar in Laconia and was speeding down Route 93 to return to Massachusetts when he was stopped by the New Hampshire State Police in Concord.  The client performed reasonably well on most of the Field Sobriety Tests but however blew a BAC of .09, which is over the limit.  Through negotiations with the prosecution, Attorney Bratton was able to get the DWI dismissed.  Instead the client received a civil infraction of Reckless Operation with no DWI on his record.